Patna High Court

Raj KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Raj Kumar, was arrested in connection with a case involving the alleged recovery of a country-made pistol and a live cartridge from his possession. He faced charges under Sections 310(4), 310(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, together with Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner contended that he was innocent, that no incriminating material was found on him, and that his arrest was based merely on suspicion, emphasizing his clean record and the fact that a co‑accused had already been granted bail. The State opposed the bail application, arguing the seriousness of the offences. Considering the circumstances, the court found merit in the petitioner's arguments, especially the parity with the co‑accused, and ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner despite the serious nature of the arms offences.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was complied with.
Whether the principle of parity with a co‑accused already released on bail warrants granting bail to the petitioner.

Legislation cited

Arms Act — s. 25(1-B)(a), 26, 35
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 61(2)

Subjects

bail
arms possession
criminal procedure
presumption of innocence
parity
statutory compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8371 of 2026
                       Arising Out of PS. Case No.-779 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Raj Kumar S/O Kanhai Singh R/O Village- Hajiganj, P.S- Chow Patna City,
                 Distt.- Patna.



                                                                                  ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Danapur

                   P.S. Case No. 779 of 2025, instituted for the offences punishable

                   under Sections 310(4), 310(5), 61(2) of the Bharatiya Nyaya

                   Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the

                   Arms Act.

                           3. The prosecution case, in short, is that there is recovery

                   of one country made pistol and one live cartridge from the

                   possession of the petitioner.

                           4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.8371 of 2026(2) dt.03-02-2026
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          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submits that the petitioner has been arrested only on the

          basis of suspicion. It is further submitted that the petitioner has

          got no concern with the alleged recovery of arms. The petitioner

          is in custody since 27.07.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused

          has been granted bail by this Court vide order dated 20.01.2026,

          passed in Cr. Misc. No. 91071 of 2025.

                  5. Learned APP for the State has vehemently opposed the

          prayer for grant of bail to the petitioner.

                  6. Considering the aforesaid facts and circumstances of

          the case and taking into account the period of custody

          undergone by the petitioner as also claim based on parity, this

          Court is inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Danapur P.S. Case
           Patna High Court CR. MISC. No.8371 of 2026(2) dt.03-02-2026
                                                       3/3




                     No. 779 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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